The International Municipal Lawyers Association ("IMLA," formerly the National Institute of Municipal Law Officers, "NIMLO") is a non-profit, professional organization based in the Washington D.C. area, that has been an advocate and valuable legal resource for local government attorney's since 1935. IMLA offers more than 2,500 members across the United States and Canada continuing legal education courses, research services, membership in substantive law sections, litigation assistance in the form of amicus briefs, a bi-monthly magazine (the Municipal Lawyer), model ordinance services, an electronic bi-weekly newsletter, and substanteive CLE accredited teleconferences.

If your focus, or that of your firm, is local government law, you will not find a better resource than the International Municipal Lawyers Association. IMLA is the only national organization devoted exclusively to local government law.

Local government in its every action touches people in their daily lives more intimately than any other form of government. This field involves thousands upon thousands of local governments ranging from large cities and counties to small towns, boroughs, special districts and authorities. In this setting, attorneys advise local governments on a daily basis on everchanging and expanding legal problems. Our expansive Network connects IMLA members to municipal attorneys, law firms and public interest groups with real experience.

As an M (CLE) provider for the development of local government law by means of education, IMLA is the oldest professional organization of local government attorneys in North America. IMLA (formerly NIMLO) was formed to serve the specialized needs of the local government legal community and we are dedicated to providing you with the tools and resources that address those needs.

Event materials cover specific practice areas of particular value to municipal lawyers and are delivered by domain experts at these events that often provide significant scholarly insights. The networking opportunity is one of the larges national gatherings of local government professional in the United States and Canada.

Recognized as an (M) CLE provider in all state with (M) CLE requirements, IMLA hope you will join us at our upcoming M(CLE) events or co-sponsored event and are confident that you will find these events, the networking opportunities and the materials will be of indispensable benefit to you as you confront the difficult legal issues that arise on a daily basis.

IMLA specializes in serving municipal attorneys and advancing the interests of local government law. One way that we do this is by connecting our members with experts in a wide range of topical and practical legal issues through our webinars With an ever-increasing workload, and decreased allowances for staff training, everyone is looking to do more with less. One subscription to the “Kitchen Sink” will provide your entire office with FORTY (40) webinars, for all of its CLE needs!!!

Seminars

2017 Distance Learning

Unless otherwise noted, all programs are one hour long from 1-2 PM Eastern. Additionally, IMLA will be offering 10 FREE programs for members. In addition to one free Ethics program that will be broadcast live from our seminar and one free program broadcast live from our annual conference, the other free programming is noted below.

To purchase a recording of any of the past distance learning events, please CLICK HERE.

Upcoming Webinars

Over the last two decades, law enforcement has become increasingly aware of how a failure to produce exculpatory evidence to a defendant facing trial may impact a conviction of the defendant. Through a number of cases, law enforcement is well aware that the failure to notify the prosecutor that exculpatory evidence exists may not only impact the conviction of the defendant but may also lead to civil liability for the investigators and the agency.

This session focuses on the foundation cases that created a prosecutorial duty to turn over exculpatory evidence to the defendant or face consequences including the dismissal of criminal charges. Over the last two decades, law enforcement has been held liable for this Constitutional obligation of prosecutors when a failure of law enforcement to turn over exculpatory evidence has led to a wrongful conviction.

In the 2016-2017 term, the United States Supreme Court provided further detail to the requirements of Brady in Turner v. United States. Turner and the details of the materiality requirement will be discussed.

The main objective of this session is to discuss the liability of municipal law enforcement officers and municipalities when there is a Brady violation as well as the obligation of municipalities to make the prosecutor aware of officers who have a personnel history that may impact their credibility as a witness. Strategies for avoiding these liabilities will also be offered for consideration.

August 22nd- Personnel- Integrity in Public Service: Laws & Codes of Conduct

What do the Golden Rule, the Girl Scouts, Robert Fulgram and the ABA’s Model Penal Code for Lawyers have in common? That’s right – you!Some rules are mandatory, others are merely aspirational. Certain laws restrict behavior, while others just require submission of standardized forms. All are meant to curb corruption and instill confidence in the minds of the citizenry. Lawyers whose client is the public should remain mindful not just of the requirements and procedures, but also the spirit of good governance and the broad unwritten ethical responsibilities that come with that practice…

Speaker: Alan Bojorquez Moderator: Robin Cross

August 23- Municipal Finance: Recent Developments in Municipal Securities Law

A discussion of recent Securities and Exchange Commission enforcement actions against state and local governments and officials, developments in Municipal Securities Rulemaking Board rules affecting advisors to state and local governments, and other securities law developments relevant to municipal bond issuers.

August 31- Signs and Speech Two Years After Reed

The lower courts have had two years to apply the Supreme Court’s holding in Reed v. Town of Gilbert, Arizona that content-based regulations are subject to strict scrutiny. John M. Baker, Greene Espel, will discuss how local governments have been modifying their sign codes to come into compliance with Reed and how courts have interpreted the Reed decision in and out of the sign context.

September 11th- Land Use- BIAS, AND CONFLICTS, AND PRE-JUDGMENT, OH MY!

Come on, just because the commissioner’s brother-in-law is the applicant for a shopping center shouldn’t be a problem, should it? And the fact that another commissioner is a Deacon in the church nest door is no concern? Or that the elected chair of the commission ran on a platform of saving the small town local merchants from those evil big boxes? Prof. Owens has something to say about all this and more!

September 13- PersonnelSTRATEGICALLY SPEAKING: Negotiation Tips for better bargaining at the table

Tips on preparing for bargaining and reaching your goals, holding your ground, maintaining legal compliance with contract language, giving the other side an opportunity to say yes and closing the deal.

September 20-TelecommunicationsCell Tower Zoning

**This is a 90 Minute Webinar**

As federal law and FCC regulations carve more deeply into local government zoning authority, and federal courts hand down decisions interpreting those law and regulations, cell tower zoning and regulation by state and local governments has materially changed. The new FCC Wireless Siting/6409(a) rules; the FCC Shot Clock; new-builds of macros, small cell, and DAS sites creates new challenges for local governments to balance the federal rules with preservation of local land use controls. Governments around the country are in the process of altering their local processes to comply with the new legal reality. This 90-minute webinar, presented by two national experts, will provide a summary and overview of the Federal law of cell tower zoning, including: (1) Key court cases, principles and practical advice from the two decades since Congress passed the 1996 cell tower zoning amendments; (2) the 2012 Federal statute (Section 6409(a)) as recently interpreted by the FCC; (3) the current FCC Notice of Proposed Rulemaking on radio frequency emissions safety standards; and (4) dealing with the wireless industry under the new rules. This live webinar, taught by John Pestle, Esq. and Jonathan Kramer, Esq. (highly experienced local government telecommunications attorneys) includes two narrated PowerPoint presentations, an 85+ page paper summarizing many of the relevant cases and proceedings, and substantial practical guidance for municipal attorneys dealing with wireless tower siting ordinances and planning matters. A lively and interactive Question and Answer session will follow the presentation.

September 25- CourtsCollaborative Courts and Alternative Sentencing

FREE for members!

This webinar will cover an overview of various collaborative courts and alternative sentencing programs that have been successful in the City of San Diego. Specifically, the City Attorney’s Collaborative Courts we will discuss include: Beach Area Community Court, Homeless Court, Behavioral Health Court, Drug Court, and Veterans Treatment Court. Additionally, SMART, the Prostitution Impact Panel, Community Justice Initiative and the Serial Inebriate Program are just a few of the Alternative Sentencing Programs we use as effective sentencing options.

What happens if an opposing lawyer is acting badly or unprofessional? When does such conduct rise to the level of an ethical Rule violation? This webinar will look at guidance provided by certain codes of civility as well as the litigation ethics rules. The course will look at outcomes of cases involving incivility and the applicable rules of professional conduct. There will also be a focus on how to ethically deal with pro se persons during the course of litigation.

November 8- Navigating the ADA

Speakers: Neil Okazaki, Michael Chileen & Roberta "Robin" Cross

November 13- Land UseForm-Based Codes

Unlike traditional zoning, a form-based code is a land development regulation that provides a means of achieving a specific urban form. It utilizes physical form as an organizing principal and focuses on an integration of uses rather than a separation of uses. This presentation will provide an overview of form-based codes and will discuss both their pros and cons. Under which circumstances would a community use a form-based code? Attend this presentation to learn more.

- PersonnelTBD

Speakers: Roberta "Robin" Cross

- Land UseTBD

- PersonnelTBD

Speakers: Roberta "Robin" Cross

Past Webinars

January 9 – Land Use – L1The Year in Review

While you were messing around last year, paying no attention to the most recent, important statutory and case law developments, our panel of national experts had their noses to their computer monitors and yanked every relevant Tweet off their smartphones. You can have the benefit of their collective knowledge by dialing in to this kickoff session of our annual land-use law teleconference series and getting the highlights of the past year in a way that will help you in 2017.

January 12- Technology (Through Thomson Reuters Practical Law) Data Breach Trends and Tips: What State and Local Government Lawyers Need to Know

* This is NOT an IMLA event.

Many state and local governments still don’t believe that data breaches and other cyber events can happen to them, while others simply don’t know what to do. But data breaches are becoming common for all organizations, so having a plan ahead of time is vital. Join Practical Law’s Mel Gates and Zach Ratzman for a free webinar that will explain recent data breach trends affecting state and local governments and provide tips on how to prepare for and help prevent a data breach or other cyber event . . . before it happens.

CLE credit available in multiple states.

January 19- Personnel Demystifying the Transgender Laws: How to Prevent Bathroom Battles from Becoming an Issue in Your Municipality

The laws related to transgender and gender identity issues are evolving and changing. This session will provide an overview of the applicable laws and model policies regarding transgender employees and patrons of municipal facilities; discuss how to address transgender and gender identity issues; and cover some of the frequently asked questions surrounding these issues.

February 1– New Government Lawyers Series Parliamentary Procedure

Municipal and county governing boards are often populated with well-meaning public servants who have little or no understanding of parliamentary procedure. Consequently, they may conduct their meetings informally, applying procedural rules loosely and perhaps even inconsistently. This “down-home” approach might appear to work well when the board is dealing with noncontroversial matters. Yet when controversy arises – and it always does – the result can be multiple motions made in rapid succession and members who are confused about what they are being asked to vote on. In such situations, the presiding officer is likely to seek the advice of counsel. This presentation will arm local government attorneys with basic principles of parliamentary procedure, examine the legal sources of those principles, and review common procedural problems.

This program will introduce practitioners to a fundamental structure for procurement offerings for public-private partnerships with municipal government. The program will walk attendees through the key structural elements of a request for proposals or other offering documents. The presenter will discuss each form of procurement including the following: 1) requests for information, 2) requests for qualifications, 3) requests for proposals and 4) requests for qualification and proposals. Each element of the evaluation will be discussed and participants will learn the intricacies of qualifications-based selection (“QBs”) as opposed to the traditional low bid offerings municipalities presently utilize.

The program will then turn to the essential elements contained in a P3 contract between the government owner and the industry organization. Risk assignment, shared cost and profit ownership, and return of facilities joint permitting and other items including comprehensive insurance & surety products will be discussed.

The U.S. Supreme Court granted certiorari review of a regulatory taking case for the October 2016 term which is focused on the issue of how the court measures the property interest at issue in determining whether the impact of the governmental regulation triggers the requirement for compensation. The case involves a challenge to a lot merger ordinance that involuntarily merges substandard lots by operation of law with a commonly owned, contiguous lot so as to make one fully conforming lot. Regulatory takings expert and organizer of the annual Conference on Litigating Takings Challenges to Land Use and Environmental Regulations Professor John Echeverria wrote an amicus brief in the case on behalf of a group of economists to help the Court understand how regulatory restrictions affect the value of land and will discuss the case and its potential impacts on the law with land use webinar hosts Susan Trevarthen and Dan Mandelker.

While some folks are gearing up for a day of candy hearts and romance, the rest of us are biting our nails and sitting on the edge of our seats waiting for AMC to roll out the latest Walking Dead episodes. Using this critically acclaimed dystopian zombie thriller as a backdrop, Ms. Moran walks attendees through several important tips for navigating the risky waters of employee discipline (no actual knowledge of the Walking Dead required).

The presentation will address a variety of legal issues that arise during the disciplinary process, including practical limitations on at-will employment and how to avoid discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and similar laws governing the employment relationship. The presentation will also look at the EEOC’s guidance on employee discipline and termination and offer practical strategies to help navigate the high-risk process of separating employees.

February 22—CourtsSMART- San Diego Misdemeanants At-Risk Track

The SMART pilot program is designed to address low-level misdemeanor offenders who repeatedly cycle through the criminal justice system committing drug and quality of life offenses. These repeat offenders often have no access to services, coordination of care, or meaningful incentives to engage with social service providers. The goal of the SMART program is to safely divert chronic misdemeanor offenders, particularly those who are otherwise resistant to intervention, to a case manager, individualized treatment, and tailored housing placement. It is a collaborative effort between the San Diego City Attorney’s Office, the San Diego Police Department (SDPD), and the San Diego County Sheriff’s Office.

In preparing for FirstNet (or for State Alternatives), Local government attorneys, as soon as the third quarter of 2017, will be called upon to assist their local government clients negotiate their community’s use of FirstNet, a nationwide interoperable public safety wireless broadband network. Local attorneys may also need to examine how to extend current agreements for wireless public safety communications as FirstNet begins to deploy its network. Or, local government attorneys may be called upon to negotiate a similar agreement with a state-run network should the governor of your state “opt out” of FirstNet. But we are getting ahead of ourselves. The Middle Class Tax Relief and Job Creation Act [Public Law No. 112-96 (enacted February 22, 2012)] signed into law on February 22, 2012, created the First Responder Network Authority (FirstNet)[See Sections §§6000-6704.] FirstNet will provide a single interoperable platform for emergency and daily public safety communications. Of primary importance to this presentation are Sections:

• 6206(c)(2) which created an obligation for FirstNet to consult with regional, State, tribal, and local jurisdictions on network elements and construction; and • 6302(e)which provides that after a 90 day review period, the governor of each state may “opt in” or “opt out” of FirstNet, but if the governor opts out, that states has only 180 days to develop an alternate plan that must be approved by the FCC.

This presentation will explain the law, share insights from FirstNet and from attorneys that have been actively engaged in the State planning process, and provide a framework to help local government attorneys understand and proactively solve numerous expected and unexpected issues that they will encounter in the next several months as FirstNet and State opt out decisions are being made. Participants will seek to provide practical guidance to protect your community in an environment where they must react to these decisions.

March 15- TechnologyGetting Energized for Automated Vehicles

This webinar will provide an update on the regulatory path being paved with the release of the Federal Automated Vehicles Policy. Presenters will provide an update on federal policy, national legal developments and federal grant opportunities associated with automated vehicles. Additionally, practical guidance will be provided for the safe and successful implementation of shared mobility networks and driverless vehicle technologies into cities, including reducing risks in pilot projects, planning for infrastructure needs, and achieving energy efficiency through advanced transportation technologies. Technology is quickly merging with transportation and our speakers look forward to helping webinar attendees navigate the legal and policy considerations with automated vehicles.

March 22- Code EnforcementProtecting Community Cats: Law and Policy Considerations

FREE for members!

This session will give an overview of definitions and key provisions of local ordinances that can make or break a community cat program. Additional model drafting considerations regarding community cat programs wills be covered. Review and discussion regarding issues commonly related to these ordinances, such as the problem with feeding bans, and progressive nuisance-related provisions. The program will also address state statutory schemes as well as pertinent Federal statutory and regulatory schemes, and how those may affect considerations for ordinance drafting and enforcement.

March 27- Telecommunications Cell Tower Leases

**This is a 90 Minute Webinar**

Local governments can generate long term revenues by leasing land, water towers and buildings for cellular communications towers and antennas. The key to a successful lease is the rental terms, plus the right terms and protective conditions so as to avoid potential legal landmines. John Pestle, Esq. and Jonathan Kramer, Esq. are highly experienced local government telecommunications attorneys who regularly craft and enforce municipal cell tower leases. In this 90-minute webinar, they will walk you through the process of dealing with the cell tower providers and their contractors to help get the best financial terms in leases, and identify and avoid the legal landmines commonly found in industry boilerplate provisions, including the risk of accidently triggering property reverters. They will also provide helpful practice pointers about the cell tower leasing and sales process. The program will cover both key aspects of cell leases, and the potential sale by municipalities of such leases, as well as long-term leasing rights. Extensive handouts in PDF format will be provided to participants, which commonly include local government attorneys, city managers and the real estate property managers working for local governments. A lively and interactive Question and Answer session will follow the presentation.

Government Speech and Public Forums

FREE for members!

What limits can be placed on public comment or advertising in various kinds of public forums? How far do the protections of the government speech doctrine reach in an era of public private partnerships? These questions have gained new urgency following the 2015 Supreme Court decision in Reed v. Town of Gilbert. Sign law guru Randal Morrison will join one of his co-authors of the IMLA joint amicus brief in Reed, Susan Trevarthen, and Sacramento city attorney Gerald Hicks to explain the current state of the law governing public fora and government speech.

March 30—JailsConsent Decrees in Corrections

The demands on agencies to operate custody facilities within Constitutional guidelines is challenging, particularly during times of budget constraints. This webinar will explore the potential risks of falling below Constitutional guidelines. There will be discussion of Department of Justice investigations resulting in Consent Decrees, and a discussion of class action litigation brought on behalf of inmates and the methods of avoiding, managing and resolving such litigation.

The Supreme Court’s 2016-17 docket is set. While the Court is still down a Justice and will decide fewer cases than usual this term, it will decide many cases of interest to states and local governments including a number of police cases, First Amendment cases, and a preemption case. Join Matt Wessler, Gupta Wessler, who argued the preemption case, Tom Bondy, Orrick, who co-wrote the merits brief for Los Angeles county in the most important police case of the term, and Lawrence Hurley, Supreme Court correspondent for Reuters, in a discussion of the cases and the future of the Court.

The IMLA International Committee will kick off its inaugural 2017 series of webinars on April 4th at 1 PM Eastern with a conversation between Michael Humphries QC and Dwight Merriam, FAICP entitled “Retrofitting Our Cities for the 21st Century” They will offer a cross-cultural comparison of the U.K. and U.S. of the infrastructure challenges and solutions facing both nations. There are lessons to be learned from how the issues have been addressed in the U.K. that have “take away value” for those of us in the U.S. and Canada.

In recent months, PFCs have been discovered in dozens of drinking waters supplies throughout the country resulting in EPA or state mandated multi-million dollar clean-up projects. The source of PFC contamination is typically a manufacturing facility that improperly stored, used or disposed PFC containing materials on-site or an airport or fire-fighting training facility that utilized fire-fighting foam containing PFCs.In response to the discovery of this recent contamination and the public outcry over health effects associated with PFCs, EPA recently lowered its Health Guidelines for PFCs and states are also beginning to implement their own regulatory response to this growing problem.

This webinar will discuss the extent of the problem, legal and scientific issues relating to remediating drinking water supplies contaminated with PFCs, health effects from PFC exposure and cost-recovery/affirmative litigation options for municipalities whose drinking water supplies are contaminated with PFCs.

April 6th—Police Use of Force- Moving Forward

Over the last two years there has been debate and discussion over law enforcement’s use of force, particularly in areas with large minority communities. This session focuses on the law, community expectations, and recent proposals put out by President Obama’s 21st Century Policing task force as well as the National Consensus on Use of Force promulgated by a number of law enforcement groups. Comparisons between the legal standard and recommendations, exhibit the potential that law enforcement officers may be held to two distinct standards with respect to use of force. Attorneys representing public entities should be aware of these two distinct standards and how they may become blurred in legal claims of excessive force.

April 12—Office Management

FREE for members!

They don’t teach management in law school. Whether you run a small office or an extraordinarily large office the same principles often apply. G. Foster Mills was the Managing Attorney for the Corporation Counsel for the City of New York for over 12 years and will discuss some of the principles that he used in managing that office, some of the lessons he learned and some of the pitfalls to avoid. Charles W. Thompson will moderate the program and also talk about some of the principles that he used in managing a small office and a larger office when he was County Attorney in Carroll County, Maryland and then in Montgomery County, Maryland. The program will include discussions on basic principles coupled with some of the more esoteric theories of management. Both speakers will try to answer your questions during the presentation. Among the topics covered will be discussions of:

• Advancing the careers of your employees, including incentives, evaluations, feedback • Flexible work environments, such as work-from-home, flexible work schedules, leaves of absence• Workloads for managers, how many people can you manage effectively?• Ethics, including what the lawyer’s rules say about paraprofessionals and sources for ethics guidance for paralegals and the supervisor’s role• Practical tips on supervising staff

April 18th- Sanctuary Jurisdictions Webinar- FREE!

President Trump's January 25 Executive Order on "Enhancing Public Safety in the Interior of the United States," and specifically its provisions related to "sanctuary jurisdictions," have been subject to litigation. This webinar will help local government officials understand, and learn how to explain, the legal issues at stake in this litigation.

Although this webinar is being offered to help local government officials understand the legal issues involved, we believe IMLA members who are interested in these issues would benefit as well, particularly as this webinar may help you think about how to explain these issues to your local government officials and other non-attorney employees. This webinar is free though registration is required (including for kitchen sink members). No CLE credit is being offered.

Speakers: Lisa Soronen, State and Local Legal Center, Amanda Kellar, International Municipal Lawyers Association, and Hadi Sedigh, National Association of Counties

This program will introduce practitioners to the various forms of public-private partnerships currently being developed in municipalities around the country. The four most common forms of P3s include the following: 1) water and wastewater utilities, 2) energy project development, 3) public and sports recreational development, and 4) economic development. This program will teach municipal practitioners how to distinguish, differentiate and structure the deals based on the public purpose of the program. Essential contract provisions that vary between the forms of transaction will be identified and various language risk and cost-sharing arrangements will be discussed. Specific and preferable forms of land and facility ownership facility valuation net present valuation and forms of compliance foreclosure and termination options will be discussed.

Speaker: Jillian Jagling

May 8-Land Use: From the Bench: A Judge’s View of How Local Government Lawyers Can Best Handle their Land Use Cases

What makes a land use cases different from other cases? This webinar includes practical tips and insights from a former superior court judge on best practices for land use cases.

May 10th- PersonnelTerminating Employees for Off Duty Acts of Moral Turpitude

The employment relationship is unique. Employers quite rightly view employees to be extensions of their business or organization, serving as representatives of the employer’s goals and mission. Employees for many purposes become the public face of the employer. Indeed, in many circumstances, the acts of an employee can become legally binding on the employer. Accordingly, it would seem that employer has a very strong interest in employing people whom the employer believes display character traits consistent with its own values.

When an employee engages in bad acts while on the job, the employer’s interest in regulating and disciplining the employee for such is obvious and unquestioned. The more difficult question is posed by circumstances where the employee engages in bad acts while off-duty. Does the employer have a legitimate interest in disciplining an employee, to include terminating him, for such off duty conduct? If the employee and his character become extensions of the employer and the face of the business or organization, doesn’t the employer have a compelling interest in determining whether their employment relationship should continue when the employee has engaged in behavior that the employer finds morally repugnant? What are the legal constraints on such terminations?

In this presentation, the term “moral turpitude” shall refer to any act by an employee that portrays a base or depraved character, including illegal, unethical, or immoral conduct, as well as behavior that is judged to be outside societal norms. Though such standards of conduct are perhaps difficult at times to establish and consensus may not be universal, the oft-used phrase “conduct unbecoming” is the essence of concept addressed by this discussion.

May 17th- Technology- The Sharing Economy: Airbnb and Uber FREE for members!

The growth of ride sharing and short-term rental websites and applications have disrupted the hotel and transportation industries. These disruptions affect cities in a number of ways, including licensing, regulation and land use impacts. This webinar will provide an overview of these impacts and explore ways in which cities can mitigate the harmful impacts and take advantage of the positives ones.

June 5- PersonnelFitness-for-Duty Exams: A Sword and a Shield in ADA Litigation

Fitness-for duty evaluations are a practical tool that can be used to either validate, or disprove, an employer’s contention that an employee may lack the physical and/or mental capacity to perform the essential functions of the job. Such an evaluation is of critical important in the public-safety sector, particularly with law enforcement offices, because of their constant engagement with citizens, which is both highly visible and heavily scrutinized. While fitness-for-duty exams are a useful preventative measure that can reduce the employer’s exposure and provide a legitimate basis for removing unsuitable employees from the workforce, the benefits co-exist with risks in light of 42 U.S.C. § § 12101-12213—the Americans with Disabilities Act, as amended (“ADA”).

Under the ADA, an employee can qualify for the statutory protections if the employee is either actually disabled or regarded as disabled. However, the employee must be able to perform the essential functions of his or her job. A failed fitness-for-duty exam strengthens the employer’s posture in litigation because it is evidence that the employee cannot perform the essential job functions. On the other hand, if an employee successfully completes a fitness-for-duty exam and is later subjected to an adverse employment action, the very act of requiring the fitness-for-duty exam may be used as evidence that the employee was regarded as disabled by the employer. As such, even if no actual disability exists, the employee may be able to establish that he or she was veiled by the ADA’s protections, making the employer’s burden at trial more challenging.

This presentation will analyze the interplay between the right of the employer to require fitness-for-duty evaluations and the employer’s obligations under the ADA to refrain from disability discrimination, in the context of litigation.

June 14- JailsLessons from Ferguson: What Every Municipal Lawyer Needs to Know

The tragic events of 2014 in Ferguson, Missouri in the wake of the shooting of Michael Brown by Officer Darren Wilson, not only triggered protests and civil disorder, placed a community of 20,000 people at the center of vigorous debate in the United States about the relationship between law enforcement officers and African Americans, the militarization of the police, and the use of force doctrine in Missouri and nationwide.

In response to the shooting and subsequent unrest, the U.S. Department of Justice conducted an investigation into the policing practices of the Ferguson Police Department. In March 2015, the U.S. Justice Department announced that they had determined that the Ferguson Police Department had engaged in misconduct against the citizenry of Ferguson, by discriminating against African-Americans and applying racial stereotypes, in a "pattern or practice of unlawful conduct." While the conclusions of the 100 page report pertaining to law enforcement priorities were widely reported, media account predominantly focused on law enforcement practices. The report also detailed practices in the municipal court that that imposed substantial and unnecessary barriers to defendants that undermined the court, eroded community trust, contributed to making policing less effective, and ultimately devastated the City of Ferguson.

As the City of Ferguson works to rebuild a community that is damaged in multiple ways, U.S. Department of Justice Civil Rights Division’s report provides insights that may prevent other cities thought out the United States from experiencing similar tragedies.

By the end of the session, participants will be able to:

1. Explain how Ferguson Municipal Court practices harmed the community and the City of Ferguson;2. Identify safeguards in state laws designed to prevent abuses of power similar to those that occurred in Ferguson; and3. Describe the local and nation consequences and reforms stemming from the Ferguson tragedy.

June 20- Legal Issues in Municipal FinanceThis presentation will introduce legal issues in local government finance, including those that confront counsel when raising revenues, making expenditures, and borrowing money. The webinar describes the different characteristics of taxes, fees, and bonds, and includes important practice information such as constitutional and statutory limitations.

June 21- EthicsRule 4.2: The “No Contact Rule”

Model Rule 4.2, commonly referred to as the “No Contact Rule,” governs communications with persons represented by counsel and, at its core, provides:

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

Intended to preserve the proper functioning of the attorney-client relationship as well as shield adverse parties from improper approaches, this application of the Rule becomes complicated when the party is a corporation or governmental body. Who falls within the protection of the Rule, and who can you rightfully shield from contact? Who are you allowed to contact? What special aspects of the Rule apply when a governmental body is involved? There are many aspects of Rule 4.2 and complexities to consider. This webinar will explore Rule 4.2 and provide attendees with an analytical roadmap through which to assess these issues.

On a daily basis, planners at all levels and in all jobs are called upon to draft, use, and interpret many types of documents. All of these documents and actions have legal implications that can land an issue before a Board of Adjustment, another internal appeals or hearing board, or a judge.

Little time in a planner's education is often spent on the nuances of good writing, and the importance of clarity. In the day-to-day rush of getting work done, writing may end up rushed as well. The presenters will cover important issues in language usage, legislative drafting, and discuss specific legal issues that come up in the regulatory context, like delegation of authority, and vagueness, definitions, and the importance of findings and legislative history.

The presenters will use examples from their practices to discuss how planners and lawyers approach ordinance drafting differently, and how to achieve clear, enforceable, and defensible regulations.

Attendees will leave with practice tips on how to identify the legal issues, how to evaluate their documents for clarity and logical organization, and how to avoid the most common pitfalls int he drafting process.

Speakers: Kimberly Mickelson, David Silverman and Dan Mandelker

June 28- TechnologyAchieving Website Accessibility for Municipalities and Local GovernmentsFREE for members!

A recent benchmarking study of municipality websites revealed that 40 percent failed accessibility tests. These results are troublesome in light of the ADA’s legal mandate that the operations and services of local governments, including their websites, are accessible to individuals with disabilities who make up over 15% of the population. The U.S. Department of Justice not only is moving forward with promulgating regulations to govern website accessibility, but also is pursuing legal actions against those municipalities and local governments whose websites and other Internet communications are not accessible to individuals with disabilities.

In their webinar, Jonathan R. Mook, a partner in the law firm of DiMuroGinsberg and a nationally recognized authority on the Americans with Disabilities Act and Michael Adams, who has over 18 years of experience in the IT industry, will discuss the legal obligations of municipalities and local governments to ensure that their Internet communications are accessible and provide practical advice on the best steps to take to achieve website accessibility. They will also review various technologies that are used by individuals with disabilities to access digital information. Through demonstrations and video clips examples of how technologies are used as well as examples of inaccessible and accessible websites will be discussed. Jonathan and Michael are expected to address such important areas as:

• Questions to address with IT and third party vendors regarding the compatibility of your website’s technology with website visitors' Assistive Technology such as speech-recognition software, magnification software or alternative input devices;• How VPATs (Voluntary Product Accessibility Template) can help in the evaluation of third party software;• Captioning of videos housed on your website, to ensure that hearing-impaired web-site visitors have access to the information;• Examples of how visually impaired web site visitors may not be able to read information on your website due to color contrast or font size;• How questions in a certain website processes (i.e. filling out an application) could run afoul of the ADA if they require timed responses or lack a method to pause.; • Best practices for using images on your website, so they can be interpreted by all; and• Other technology-based assistive accommodations you may need to make for disabled employees.

Our speaker, a professor of planning at Kansas State, is widely acknowledged as one of the nation’s preeminent authorities on farmland preservation. If you care about feeding this and future generations, you will want to join us for this eye-opening discussion of how you can preserve that production base through regulation.

July 12- PersonnelImpact of Social Media Networking on Cities

Employees check out their Facebook friends at work. Did you see the tweets? Put the cellphone down! Social media has inundated our lives. Are your personnel policies up to date to address the lack of productivity and use of public resources? What can you monitor - and what can you use to discipline an employee? This webinar will explore the variety of personnel issues that social media implicates in the municipal workplace and provide important pointers to avoid the pitfalls.

July 13- SLLC Supreme Court Review Webinar

First Amendment and police cases dominate the Supreme Court's state and local government docket this term. Discuss these and other cases of interest to states and local governments with Mike Scodro, Mayer Brown, who argued one of the police cases this term, Kyle Duncan, Schaerr Duncan, and Ayesha Khan, Potomac Law Group.

Time: 1PM Eastern time

Thank you to NACo for hosting this event!

July 24- Indemnification, Insurance and Bond Issues for Public Construction Projects

Attorneys Christopher Petrini and Christopher Brown, experienced practitioners in both municipal law and construction law, will present an informative program on risk allocation issues for public construction projects, including indemnification provisions, insurance requirements, and payment and performance bonds.

In February, the IMLA land use webinar schooled you on Murr v. Wisconsin. The Supreme Court has now upheld the County ordinance at issue. On July 27 at 1 pm ET, tune in to hear Susan Trevarthen talk to John Echeverria, Lisa Soronen, and Jeffrey Mandell authors of amicus briefs in the case, who will analyze the opinion and discuss its implications for local government regulations going forward.

August 2- Telecom

Selling Your City’s Cell Lease/Future Leasing Rights

Once your local government leases its property or a structure for a cell tower, you will routinely receive offers to buy the cell tower lease for a lump sum payment (often plus a percentage of future revenues), coupled with a long term (or perpetual) easement. The most common question is whether these are good deals for governments. This program, taught by John Pestle, Esq. and Jonathan Kramer, Esq., both highly experienced local government telecommunications attorneys, covers (1) how to determine whether a sale of a cell lease and future leasing rights is in a municipality's best interest, (2) descriptions of the non-binding bid process which will commonly lead to the best price and terms, and (3) the significant legal and business issues and potential pitfalls involved in selling the lease and the traps hidden in the lengthy "Communications Easement" you will be asked to execute. This program will help you spot the major issues in the very one-sided documents typically offered by buyers. Key points to be addressed include (a) making sure the municipality is not hindered in using its property for its primary public use; (b) ensuring that future sums and duties promised by the purchaser in fact are performed; (c) unique insurance and bankruptcy issues; (d) special questions of municipal authority; (e) compliance with bond obligations and IRS tax-exempt bond regulations; (f) municipal finance/procurement statutes; and (g) prohibitions on waste. Extensive handouts in PDF format will be provided to participants, which commonly include local government attorneys, city managers and the real estate property managers working for local governments. A lively and interactive Question and Answer session will follow the presentation.

August 14- Land UseDevelopments in Eminent Domain after Kelo

Although the Kelov. New London SCOTUS decision upheld the local exercise of eminent domain for redevelopment – transfer of private property to private developers to revitalize blighted urban areas – you wouldn’t know it. The backlash from Kelo has been intense but mixed: anti-eminent domain and anti-redevelopment sentiment has increased, but efforts to constrain local eminent domain power and redevelopment have been largely unsuccessful. In the immediate aftermath of Kelo, the federal government and many states attempted to restrict the use of eminent domain for redevelopment, but these efforts failed for the most part. The California legislature and Governor Brown, however, abolished redevelopment in 2012. The webinar will touch on the pros and cons of eminent domain for redevelopment and legislative inroads into the eminent domain power.